Murrell v. United States, 16772.
| Decision Date | 29 April 1958 |
| Docket Number | No. 16772.,16772. |
| Citation | 253 F.2d 267 |
| Parties | W. O. MURRELL, Sr., Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Carl G. Swanson, Jacksonville, Fla., Arthur T. Boone, Jacksonville, Fla., of counsel, for appellant.
Edith House, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.
Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges.
On May 24, 1957, appellant, defendant in a civil action, was adjudged guilty of contempt and ordered to pay a fine of $100 on or before May 27th, and he did so. On May 31, three days after the satisfaction of the judgment by payment of the fine had rendered the cause moot, appellant gave notice of appeal.
The United States, pointing this out, urges upon us that the appeal must be dismissed.
We agree, and, on the authority of St. Pierre v. United States, 319 U.S. 41, 63 S.Ct. 910, 87 L.Ed. 1199, it is ordered that the appeal be, and it is hereby dismissed.
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Stewart, In re
...served." Relying on the rule announced in St. Pierre, we have held that the payment of a fine renders a contempt case moot. Murrell v. U. S., 253 F.2d 267 (5th Cir.), cert. denied, 358 U.S. 841, 79 S.Ct. 65, 3 L.Ed.2d 76 (1958); Tessmer v. U. S., 328 F.2d 306, 307 (CA5, 1964); U. S. v. Lee,......
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United States v. Watson Chapel School District No. 24, 20699
...v. United States, 319 U.S. 41, 63 S.Ct. 910, 87 L.Ed. 1199 (1943); F.T.C. v. Stroiman, 428 F.2d 808 (8 Cir. 1970); Murrell v. United States, 253 F. 2d 267 (5 Cir. 1958), cert. denied, 358 U.S. 841, 79 S.Ct. 65, 3 L.Ed.2d 76. Cf. Guerrero v. Capitol Fed. Savings & Loan Ass'n., 197 Kan. 18, 4......
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United States v. Camil
...as to all charges. 4 To like effect, see our cases of Taylor v. United States, 5 Cir. 1969, 410 F.2d 392, and Murrell v. United States, 5 Cir. 1958, 253 F.2d 267, where fines summarily assessed for contempt were fully paid and the appeals thereafter attempted were held to be 5 See also Murr......
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Campbell, In re
...U.S. 1059, 92 S.Ct. 739, 30 L.Ed.2d 747 (1971); Federal Trade Commission v. Stroiman, 428 F.2d 808 (8th Cir. 1970); Murrell v. United States, 253 F.2d 267 (5th Cir. 1958); cf. Securities and Exchange Commission v. Laird, 598 F.2d 1162 (9th Cir. We reaffirm the principle that the purging of ......